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MATTER OF FUGAZY EXP., INC.

Bankruptcy No. 86 B 11206 (BRL), Adv. No. 87-5883A.

114 B.R. 865 (1990)

In the Matter of FUGAZY EXPRESS, INC. Zachary SHIMER, Chapter 7 Trustee of Fugazy Express, Inc., and Metromedia Company, Plaintiffs, v. William D. FUGAZY, Fugazy Limousine Ltd. f/k/a R.F.D. Limousine Corp. and Roy D. Fugazy, Defendants.

United States Bankruptcy Court, S.D. New York.

May 15, 1990.

Attorney(s) appearing for the Case

Chadbourne & Parke, New York City (Zachary Shimer, of counsel), for Trustee.

Shea & Gould, New York City (Daniel L. Carroll, Thomas K. Reilly, of counsel), for Metromedia Co.

Anderson Russell Kill & Olick, P.C., New York City (Arthur S. Olick, of counsel), for William D. Fugazy.

Garrity & McCusker, New York City (James Lawrence Garrity and George Kuntu-Blankson, of counsel), for Roy Fugazy and Fugazy Limousine Corp.

MEMORANDUM DECISION ON MOTIONS FOR SUMMARY JUDGMENT

BURTON R. LIFLAND, Chief Judge.

BACKGROUND

On July 8, 1986 Fugazy Express, Inc. (the "Debtor") filed a voluntary petition for relief under Chapter 11, Title 11, United States Code, § 101 et seq. (the "Bankruptcy Code" or "Code"). The Debtor was engaged in the business of selling and servicing franchises for livery and limousine services to independent livery limousine operators who...

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